Supreme Court dismisses appeal; statute of limitations for sick pay expires ipso iure, barring any procedural remedy.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal against a lower court's rejection of the insured's claim for sick pay. The insured argued for a recalculation of benefits based on higher commission rates earned during short-term sick leaves, but the court found the claim time-barred. The court ruled that the statute of limitations expires ipso iure, meaning the insured loses the right to the benefit and has no procedural means to seek compensation after the deadline passes.
Regeste Legislator
Généré par l'IAArt. 54 ust. 1 i 4 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Art. 398 § 2 k.p.c.; The statute of limitations for a claim for sick pay expires ipso iure, thereby depriving the insured of the right to the benefit and eliminating any procedural possibility to seek its adjustment after the limitation period has elapsed.